On the 26th of March, a Government imposed shutdown which will come into play for a period of twenty-one days and will possibly be extended further.

Under normal circumstances where an employee refuses to attend work the principle of no work, no pay will apply.

The present situation is different in that the employer subject to certain exceptions cannot provide work for the employee because of the Government imposed shutdown.

It is arguable that the principle of Force Majeure and or Supervening impossibility of performance is applicable.

Supervening impossibility of performance is the impossibility of performing a contractual obligation that arises after the formation of the contract and which the contracting party could not reasonably foresee at the time the contract was entered into.

In the circumstances, the principle of no work no pay will come into being and in a similar vein an employer cannot be bound to perform its duties in terms of the contract vis a via its employees and or third parties.

Ian Mc Laren

Ian Mc Laren

Ian McLaren BA LLB (WITS) General Educated St Johns College, Houghton. BA LLB University of the Witwatersrand 1984 Founded McLarens September 1986. Right of Appearance High Court, October 1996. Expertise Litigation, Labour Law, Commercial Law, Family Law, Pension and Provident Funds, Customs and Excise, Wills, Deceased Estates, Trusts, Commercial Agreements, Reviewing and Drafting Government Legislation, Information Technology. Committees/ Trusts Law Society of South Africa Information Technology Committee. Trustee Verney College Educational Trust Other Transvaal Provincial colours for Practical Shooting. Third degree Black Belt JKS Karate. Photographer and motor cyclist Lectured for Continuing Legal Education on Information Technology issues.